Spouse passed.

S

succints

Registered Users (C)
Hey good folks here, i searched forum but couldn't find any meaningful answers to this questions. hope y'all can help a brother out as always.
I have a friend who lost the husband(US Citizen) couple of months ago due to some medical reasons i cannot disclose here.
She already have her conditional GC which will be expiring in abt a year. my question is
1. Can she still file for removal on conditions even tho the husband is no more.?
2. Does she have to wait for 21 months before filing i-751 or she can file now as i read somewhere?
3. the husband left 3 children behind frm another marriage, they still live with her, can she claim those kids as her own or she has to adopt the kids.? or what can she do, since the kids have only known her as their mum.
Any inputs will be very well appreciated....thanks in advance.
 
1.- Yes.
2.- No. She must file immediately with a copy of the death certificate.
3.- This has nothing to do with immigration. She needs a lawyer. Where is the biological mom?
 
3 - In most states the "step" relationship (stepchild/stepparent) immediately ceases when the biological parent dies. And the Step parent has no legal rights to the children. The surviving step parent should get proper family law assistence from a competent family law attorney.

BTW - this was one of the major factors in me deciding to legally adopt my stepson. Luckily for me, the biological father was more than happy to sign away his rights to me so that I could legally become my son's father - seeing as I had always been the only father he ever knew, but once it became final, then there was no way anyone can take him away from me.

Tell your friend Good Luck! She is in the position that I never wanted to be in, but for a couple of years feared that I might be in.
 
thanks y'all for ur inputs.......i guess its looking good for here right now.
i'll let her know she can file I-751 right away. thanks again.
 
Ok folks.....apart frm the death certificate, what else does she need to file for the removal of condition?
so far she have:
Death Certificate,
copy of CGC
Joint Tax returns for last yr
Utility Bills(joint) cable, phone, water, gas $ electric
Correspondence frm Life Insurance Company with her as the beneficiary.(vice-versa)

does she need 2 people to swear affidavits indicating knowledge of marriage although Spouse is no more?
your inputs will very much be appreciated. thanks
 
These documents should suffice for the I-751 petition.


succints said:
Ok folks.....apart frm the death certificate, what else does she need to file for the removal of condition?
so far she have:
Death Certificate,
copy of CGC
Joint Tax returns for last yr
Utility Bills(joint) cable, phone, water, gas $ electric
Correspondence frm Life Insurance Company with her as the beneficiary.(vice-versa)
Click to expand...
 
thanks y'all, but i thought without the marriage cert, she would not have had the CGC in the 1st place. i was thinking it's either a marriage cert or a death cert, didn't know she had to send both.anyways i'll still advice her to send them anyways.
 
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